spay/neutered contract - YorkieTalk.com Forums

lilfoot · 10-30-2005, 11:44 AM

I am thinking about selling my little girl on a spay/neutered contract because I don't trust the people she is going to (unfortunately the stud and I had a deal that she got a puppy instead of a fee and she then has sold the puppy to these people...the people are nice but they just put one of their dogs to sleep because it was having seizures and never took it to the vet to find out why....) so actually I am not selling it but when I hand over the pup to them I am thinking of making them sign a contract. What does anyone think on this..and does anyone have a copy of a contract I could use....I have never seen one befor so I don't know what to put in it or have it worded.....I could use some help...perhaps some one could email me a contract...thank you!

Yorkieville200 · 10-30-2005, 12:03 PM

I think the spay contract is a good idea, but, since you already know you don't feel good about these people, perhaps you could talk to the owner of the stud, and offer the stud fee, after all? Just a thought.

Surely the owner of the stud wouldn't really want these people to have the puppy?

lilfoot · 10-30-2005, 03:16 PM

Oh yes....the people who are buying the pup work for the stud's family and they are sooo excited about these people getting the pup.....I think they will love the little girl and treat her good but I don't think they will provide her with what I want them to give her....you know...and I know money is an issue in the house hold so i don't want them to use the pup as a money making business....

Yorkieville200 · 10-30-2005, 04:19 PM

Well, the owner of the stud is not going to be any help to you. Have you considered having her spayed BEFORE you let them take her? The spay agreement may not stop them from using her as a breeder if money since money is an issue for them.

sylvan · 10-31-2005, 04:52 AM

I would suggest spaying before placement if concerned. Do you have a written agreement with the stud owners? Is there a tactful way you can address your concern?
I do have a contract that you are welcome to use if you'd like. You can e-mail me at sylvanyorkies@yahoo.com. I won't be checking again 'til tomorrow am, but will send it out asap.

Baron · 10-31-2005, 06:29 PM

If you agreed on a puppy instead of a stud fee, by rights the puppy belongs to the people who own the stud and it is theirs to decide on who will get it and if it is to go with a spay/neuter contract. Did you and the stud's owners sign a contract stating what the terms were before you bred? That should all have been written out and agreeded to before the breeding took place. If there is no contract, then you can pretty well change your mind and make payment instead, but if there was a contract you are stuck with the terms.

Yorkieville200 · 11-01-2005, 04:15 AM

Actually, no, even though there was no written contract, she cannot change her mind, since they had a verbal agreement, and services have been rendered.

At this point, she will have to try to tactfully negotiate to have this puppy spayed, or "ask" the stud owner to accept the fee instead of the puppy.

I do agree, all of this should have been written into a contract, including a spay agreement, prior to the bitch being bred.

Sugar's Mom · 11-01-2005, 09:59 AM

i don't really see where you can do anything. The puppy does not belong to you. the only option you have is to try to get the stud owner to take a fee instead of the pup. Actually, you have NO rights as far as the puppy is concerned. You have to hand her over. You will be wiser next time tho. you probably can get a contract for future litters. But I am not even sure if you can do that. Basically, it's either pay the fee or hand the pup over and since the deal has already been made,you have to hand the pup over unaltered.

Julz · 11-01-2005, 02:31 PM

I know that you want what is best for the puppy, but I suggest you do not spay her....you could end up being sued and that would be just awful! I would rather pay stud service than hand over "pick of the litter" any day. I'm so sorry to say this and don't want to be hurtful, but the pup isn't yours. I know you feel like it is, they turn into "our babies". I wish you were in a position you felt comfortable with. My guess is that they won't take a stud service fee and may only (if anything) accept you buying the pup from them at full price. Have you discussed registration with them....you know, as far as "limited" goes?

YorkieShadow · 11-01-2005, 05:20 PM

Quote:

Originally Posted by Yorkieville200

Well, the owner of the stud is not going to be any help to you. Have you considered having her spayed BEFORE you let them take her? The spay agreement may not stop them from using her as a breeder if money since money is an issue for them.

I agree.

lilfoot · 11-01-2005, 06:13 PM

I do not have a written contract...in fact the only that was said was that I would give them a female puppy or pay her $750.00 the price she would get for the puppy so we verbally agreed on a puppy....and in case there was only one female I would get the female and she would take the male....but she lucked out because there were two females....And yes sugars mom..I will be much wiser next time..although there probably won't be a next time....however I do feel this puppy is mine...I pay the vet bills...I get up and play with them at 3 in the morning....i have my heart and sole in these puppies so yes they are mine until they leave my hands...and if I want the puppy to go on a spay/neuter contract then I definitely have the right since we have a problem with this litter { Lizzy being born with a cleft lip and pallatte.}....and don't I have the right to hold AKC registration until this is done??? I just want everyone to know that I did not breed my little Zoe to make money....I did this because we wanted another yorkie so bad and Zoe possesses everything we want in a Yorkie....so it only made sense to breed her...thank you everyone for all your comments on the screwed up mess....

Yorkieville200 · 11-02-2005, 07:58 PM

Since you agreed to give her a female puppy, 'OR' pay her $750.00 for the stud fee, I 'think' you may have the right to pay her the stud fee now, and keep the puppy.

I would suggest you call the owner of the stud and remind her of that, and tell her you will be paying her the fee.

I can tell you really care about this puppy, and I hope you will let us know that everything worked out and you kept her.

I suspect you will find her a better home than the one the owner of the stud, chose.

whispersmom2 · 11-02-2005, 08:53 PM

I hate to see a Yorkie puppy go to someone who the breeder has not chosen. I live in the Balto/Anna/D.C area and our stud fees are not nearly that much. I could use a championed show stud for $500.00. The stud's owner is gonna make out like a bandit. Personally, I would show the perspective new owners the puppy with the problem and play that up as a real probability if ever this puppy is bred.
Pick of litter for stud service is not a good idea in almost every case. It is a sad and difficult lesson to learn. I would say that you have the right to have the new owners come to your home for the official hand-over as there is much only YOU should tell them.. Maybe once they see the other baby they will change their mind.
I am afraid I would end up in court if I were in this situation. I feel bad for you and your puppy.

Yorkie_Mama · 11-02-2005, 09:05 PM

Quote:

Originally Posted by lilfoot

I do not have a written contract...in fact the only that was said was that I would give them a female puppy or pay her $750.00 the price she would get for the puppy so we verbally agreed on a puppy....and in case there was only one female I would get the female and she would take the male....but she lucked out because there were two females....And yes sugars mom..I will be much wiser next time..although there probably won't be a next time....however I do feel this puppy is mine...I pay the vet bills...I get up and play with them at 3 in the morning....i have my heart and sole in these puppies so yes they are mine until they leave my hands...and if I want the puppy to go on a spay/neuter contract then I definitely have the right since we have a problem with this litter { Lizzy being born with a cleft lip and pallatte.}....and don't I have the right to hold AKC registration until this is done??? I just want everyone to know that I did not breed my little Zoe to make money....I did this because we wanted another yorkie so bad and Zoe possesses everything we want in a Yorkie....so it only made sense to breed her...thank you everyone for all your comments on the screwed up mess....

... you may have an out on the cleft Pallatte .. that is Genitic... your female and the stud both have to have this Gene flaw to produce this in a puppie .... the puppie should NEVER be breed due to this flaw .... i would remind the breeder of this and state .. since it would be Wrong to breed a dog who dosnt match breed standard and will throw Gene flaws she needs to be fixed and you cannot Moraly let this dog be a breeder .... I had a Male Mini Aussie who Threw this in a breed out Not only did i Not charge the people the agreed upon stud fee .. but i fixed my male asap and placed him and gave them a non related stud to breed to for free

yorkiemom1970 · 11-03-2005, 01:10 PM

pat, could you give your knowledge on cleft pallette here. i couldnt find it to do the "show thread". i believe what you said about it was very knowledgable and after you told about it, i read the same thing somewhere else. thanks! :rose

10-30-2005, 11:44 AM	#1
lilfoot YT 500 Club Member Join Date: Sep 2005 Location: wisconsin Posts: 769	spay/neutered contract I am thinking about selling my little girl on a spay/neutered contract because I don't trust the people she is going to (unfortunately the stud and I had a deal that she got a puppy instead of a fee and she then has sold the puppy to these people...the people are nice but they just put one of their dogs to sleep because it was having seizures and never took it to the vet to find out why....) so actually I am not selling it but when I hand over the pup to them I am thinking of making them sign a contract. What does anyone think on this..and does anyone have a copy of a contract I could use....I have never seen one befor so I don't know what to put in it or have it worded.....I could use some help...perhaps some one could email me a contract...thank you!

11-01-2005, 09:59 AM	#8
Sugar's Mom BANNED! Join Date: Aug 2005 Location: Kentucky Posts: 9,248	Spay i don't really see where you can do anything. The puppy does not belong to you. the only option you have is to try to get the stud owner to take a fee instead of the pup. Actually, you have NO rights as far as the puppy is concerned. You have to hand her over. You will be wiser next time tho. you probably can get a contract for future litters. But I am not even sure if you can do that. Basically, it's either pay the fee or hand the pup over and since the deal has already been made,you have to hand the pup over unaltered.

11-03-2005, 01:10 PM	#15
yorkiemom1970 No Longer a Member Join Date: Jul 2005 Location: North Carolina Posts: 1,947	Pat, where r you? pat, could you give your knowledge on cleft pallette here. i couldnt find it to do the "show thread". i believe what you said about it was very knowledgable and after you told about it, i read the same thing somewhere else. thanks! :rose

10-30-2005, 12:03 PM	#2
Yorkieville200 YT 2000 Club Member Join Date: Jul 2005 Location: IL Posts: 2,179	I think the spay contract is a good idea, but, since you already know you don't feel good about these people, perhaps you could talk to the owner of the stud, and offer the stud fee, after all? Just a thought. Surely the owner of the stud wouldn't really want these people to have the puppy?

10-30-2005, 03:16 PM	#3
lilfoot YT 500 Club Member Join Date: Sep 2005 Location: wisconsin Posts: 769	Oh yes....the people who are buying the pup work for the stud's family and they are sooo excited about these people getting the pup.....I think they will love the little girl and treat her good but I don't think they will provide her with what I want them to give her....you know...and I know money is an issue in the house hold so i don't want them to use the pup as a money making business....

10-30-2005, 04:19 PM	#4
Yorkieville200 YT 2000 Club Member Join Date: Jul 2005 Location: IL Posts: 2,179	Well, the owner of the stud is not going to be any help to you. Have you considered having her spayed BEFORE you let them take her? The spay agreement may not stop them from using her as a breeder if money since money is an issue for them.

10-31-2005, 04:52 AM	#5
sylvan YT 2000 Club Member Join Date: Jun 2005 Location: Eastern PA Posts: 2,484	I would suggest spaying before placement if concerned. Do you have a written agreement with the stud owners? Is there a tactful way you can address your concern? I do have a contract that you are welcome to use if you'd like. You can e-mail me at sylvanyorkies@yahoo.com. I won't be checking again 'til tomorrow am, but will send it out asap.

10-31-2005, 06:29 PM	#6
Baron Senior Yorkie Talker Join Date: May 2005 Posts: 216	If you agreed on a puppy instead of a stud fee, by rights the puppy belongs to the people who own the stud and it is theirs to decide on who will get it and if it is to go with a spay/neuter contract. Did you and the stud's owners sign a contract stating what the terms were before you bred? That should all have been written out and agreeded to before the breeding took place. If there is no contract, then you can pretty well change your mind and make payment instead, but if there was a contract you are stuck with the terms.

11-01-2005, 04:15 AM	#7
Yorkieville200 YT 2000 Club Member Join Date: Jul 2005 Location: IL Posts: 2,179	Actually, no, even though there was no written contract, she cannot change her mind, since they had a verbal agreement, and services have been rendered. At this point, she will have to try to tactfully negotiate to have this puppy spayed, or "ask" the stud owner to accept the fee instead of the puppy. I do agree, all of this should have been written into a contract, including a spay agreement, prior to the bitch being bred.

11-01-2005, 02:31 PM	#9
Julz Donating YT 3000 Club Member Join Date: May 2005 Location: Pennsylvania Posts: 4,347	I know that you want what is best for the puppy, but I suggest you do not spay her....you could end up being sued and that would be just awful! I would rather pay stud service than hand over "pick of the litter" any day. I'm so sorry to say this and don't want to be hurtful, but the pup isn't yours. I know you feel like it is, they turn into "our babies". I wish you were in a position you felt comfortable with. My guess is that they won't take a stud service fee and may only (if anything) accept you buying the pup from them at full price. Have you discussed registration with them....you know, as far as "limited" goes?

11-01-2005, 06:13 PM	#11
lilfoot YT 500 Club Member Join Date: Sep 2005 Location: wisconsin Posts: 769	I do not have a written contract...in fact the only that was said was that I would give them a female puppy or pay her $750.00 the price she would get for the puppy so we verbally agreed on a puppy....and in case there was only one female I would get the female and she would take the male....but she lucked out because there were two females....And yes sugars mom..I will be much wiser next time..although there probably won't be a next time....however I do feel this puppy is mine...I pay the vet bills...I get up and play with them at 3 in the morning....i have my heart and sole in these puppies so yes they are mine until they leave my hands...and if I want the puppy to go on a spay/neuter contract then I definitely have the right since we have a problem with this litter { Lizzy being born with a cleft lip and pallatte.}....and don't I have the right to hold AKC registration until this is done??? I just want everyone to know that I did not breed my little Zoe to make money....I did this because we wanted another yorkie so bad and Zoe possesses everything we want in a Yorkie....so it only made sense to breed her...thank you everyone for all your comments on the screwed up mess....

11-02-2005, 07:58 PM	#12
Yorkieville200 YT 2000 Club Member Join Date: Jul 2005 Location: IL Posts: 2,179	Since you agreed to give her a female puppy, 'OR' pay her $750.00 for the stud fee, I 'think' you may have the right to pay her the stud fee now, and keep the puppy. I would suggest you call the owner of the stud and remind her of that, and tell her you will be paying her the fee. I can tell you really care about this puppy, and I hope you will let us know that everything worked out and you kept her. I suspect you will find her a better home than the one the owner of the stud, chose.

11-02-2005, 08:53 PM	#13
whispersmom2 Inactive Account Join Date: Jan 2005 Location: MD Posts: 2,985	I hate to see a Yorkie puppy go to someone who the breeder has not chosen. I live in the Balto/Anna/D.C area and our stud fees are not nearly that much. I could use a championed show stud for $500.00. The stud's owner is gonna make out like a bandit. Personally, I would show the perspective new owners the puppy with the problem and play that up as a real probability if ever this puppy is bred. Pick of litter for stud service is not a good idea in almost every case. It is a sad and difficult lesson to learn. I would say that you have the right to have the new owners come to your home for the official hand-over as there is much only YOU should tell them.. Maybe once they see the other baby they will change their mind. I am afraid I would end up in court if I were in this situation. I feel bad for you and your puppy.